Bombay High Court

SHIVAPPA TAMANAPPA ANKOLKOTE DIED THROUGH LRS PUSHPLATA AND ORS.versusUNION OF INDIA THR DY CHIEF ENGINEER (CONSTRUCTION) DIVN CENTRAL RAILWAY PUNE AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and restored the cross objection to its original position.

Summary

The applicants, representing the estate of the deceased Shivappa Tamanappa Ankalkote, filed a cross objection in case FA/3153/2011. The Registrar issued a common order on 18‑01‑2022 directing the parties to act within four weeks or face dismissal for default. Due to the death of their earlier advocate on 14‑10‑2021, the applicants were unaware of the order and filed a civil application 1392 days later seeking restoration of the cross objection. The Court examined whether the delay could be condoned. Finding the explanation satisfactory, the Court condoned the delay, restored the cross objection to its original position, and disposed of the civil application.

Issues considered

Whether a delay of 1392 days in complying with the Registrar's order can be condoned.
Whether the cross objection can be restored after such delay.

Subjects

civil procedure
delay condonation
cross objection
restoration of objection
default dismissal
representation of deceased

Judgment

2026:BHC-AUG:44167


                                                 1              17-CA 9926-2026.odt



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 9926 OF 2026
                                               IN
                             CROSS OBJECTION (ST.) NO. 18685 OF 2020
                                            IN FA/3153/2011
                 Shivappa Tamanappa Ankalkote (Dead)
                 Through his Legal Representatives
                 Pushplata Shivappa Ankalkote And Others                   .. Applicants

                       Versus

                 The Union of India And Another                            .. Respondents

                 Mr. Vijay B. Patil, Advocate for Applicants.
                 Mr. D. V. Soman, Advocate for Respondent No. 1.
                 Mr. P. K. Lakhotiya, AGP for Respondent No. 2.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                          DATE       :   24th SEPTEMBER, 2026.

                 PER COURT :-

                 1.    Heard the parties.


                 2.    This application is filed seeking restoration of cross

                 objection by setting aside the order passed by the learned

                 Registrar (Judicial) dated 18.01.2022, a common order, directing

                 the parties to take steps within a period of four weeks, otherwise

                 the matter to stand dismissed in default. There is delay of 1392

                 days caused in filing this application.
                                 2              17-CA 9926-2026.odt


3.       It is informed that earlier advocate who was representing

the applicants unfortunately died on 14.10.2021. An order dated

18.01.2022 therefore went unnoticed by the present applicants. It

is only after coming to know that the cross objection is dismissed

the applicants have filed this application immediately.


4.       For the reasons stated in the application, delay stands

condoned. The application stands allowed. Cross objection is

restored to its original position.


5.       The civil application stands disposed of.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )


P.S.B.

Continue reading with your account

Checking your session…